M&A: It’s not always about getting the best terms

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There’s always a little excitement whenever I start an M&A exercise.

My excitement is tempered by what I know is coming- tight deadlines, work around the clock and lots of coffee.

I always want to do my best for every deals. For me, this means getting the best deal for the clients and making sure that when they agree to less favourable terms, they know exactly what they are getting into.

My experience has taught me that not every client is solely focused on getting the best terms.

Corporate clients often operate within a larger corporate context, which means they have to navigate internal policies and obtain approvals from various departments. For example, their internal procedure may require a clause in an agreement which touches on legal, risk management and financial issues to be agreed by several departments within the corporation.

Clients may be willing to concede certain commercial terms in order to close transactions within their timeline.

My role as an M&A lawyer involves not only securing the best terms for clients but also understanding their priorities and constraints within the broader corporate context.

I have to remind myself that since I can’t control everything, I may as well as enjoy the process.

This post first appeared on LinkedIn on 25 June 2023.

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